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2023.10.26 Motion to Strike or Tax Costs 933
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.10.26
Excerpt: ...sition to the Moton on October 13, 2023, along with a declaration from Plaintiffs' counsel, Michael Bean (Mr. Bean). Plaintiffs filed their Reply in Support of the Motion (Reply) on October 19, 2023. II. ANALYSIS Plaintiffs move to strike or tax three items in Defendant's memorandum of costs: (1) costs of one thousand and seventy dollars ($1,070); (2) court reporter fees of two thousand two hundred and sixty-six dollars and forty-six cents ($2,26...
2023.10.26 Motion to Enforce Compliance with Agreement to Produce Docs and Responses 894
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.10.26
Excerpt: ...Over the next several months, the parties met and conferred. In the course of those discussions, Defendant agreed to produce supplemental response to RFPs 44 and 45. (Tretola Decl. 95, Ex. C.) On March 23, 2023, Defendant served supplemental responses to the RFPs, which did not include a supplemental response to RFP 45. Also, several of the responses included an agreement to produce documents. However, no such documents were produced. (Tretola De...
2023.10.25 Motion for Summary Judgment 995
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.10.25
Excerpt: ...lfour filed two separate replies. The motion was served one-day short of the notice period 75 days, plus 2 days for electronic service required the motion to have been served on August 9, 2023. But given both Plaintiffs opposed and did not raise service as an issue, the Court deems any issues with service as waived. (Carlton v. Quint 77 Cal.App.4th 690, 697.) This matter is set for trial on July 22, 2024. DISCUSSION Balfour's MSJ At issue is an a...
2023.10.24 Motion to Quash Subpoena for Records and Deposition 394
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.10.24
Excerpt: ...ember 5, 2023, Plaintiff's counsel, Vahe Khojayan (Mr. Khojayan), emailed Plaintiff's counsel, Rick Augustini (Mr. Augustini), regarding the subpoena and indicating Mr. Liu "continues to assert attorney-client privilege and work product doctrine for all communications with Mr. Pang." Mr. Khojayan stated that failure to withdraw the deposition and modify the items requested by September 6th would result in his filing of a motion to quash subpoena....
2023.10.24 Motion for Terminating and Monetary Sanctions 497
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.10.24
Excerpt: ...ffs to provide verified responses to all of Defendant's discovery requests without objections by March 14, 2023. On September 5, 2023, Defendant filed the instant Motion for Terminating and Monetary Sanctions (Motion) due to the failure of the Plaintiffs to provide the discovery responses ordered by the court on February 28, 2023. The Motion is supported by a declaration from Defendant's counsel, Rodolfo Gonzalez. Plaintiffs filed an untimely Opp...
2023.10.24 Demurrer to TAC 097
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.10.24
Excerpt: ...with leave to amend as to the first and second causes of action. On May 19, 2023, plaintiff Sanchez filed the operative Third Amended Complaint (TAC) alleging two causes of action for: 1) Unfair Business Practices, California Business and Professions Code S et seq.; and 2) Violation of California Consumer Credit Reporting Agencies Act CCP S 1785.25(a). On August 1, 2023, Wells Fargo answered. On September 13, 2023, Talman and Bankers Hill filed t...
2023.10.23 Demurrer, Motion to Strike 893
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.10.23
Excerpt: ...tentional/negligent infliction of emotional distress (IIED/NIED). The FAC alleges Woodside is developing a large parcel within the City that includes 200 homes, a lake, and related improvements. At the south end of 2nd street, just below Oak Glen Blvd., at the corner, Woodside changed the natural elevation of the land by 20 feet. It then built a 2-story house at that high elevation resulting in the home being able to see into Grotke's backyard an...
2023.10.19 Demurrer 098
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.10.19
Excerpt: ...Esq. Plaintiff filed an opposition on September 5, 2023 and XTOOLTECH filed a reply on September 6, 2023. DISCUSSION Defendant challenges the entire complaint and the individual causes of action on the grounds that it is uncertain and fails to allege sufficient facts to consttute a cause of action. XTOOLTECH also argues that the causes of action lack any calculation of damages. Analysis uncertainty. "A special demurrer should be overruled where t...
2023.10.17 Demurrer to FAC 394
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.10.17
Excerpt: ...ntiff's claims were time-barred on the face of Plaintiff's complaint and Plaintiff failed to plead facts supporting application of the delayed discovery rule or tolling based on equitable estoppel. The Court granted leave to amend. On August 1, 2023, Plaintiff filed his operative First Amended Complaint (FAC), which includes the same facts previously pleaded by Plaintiff (see FAC "1-27) and additional facts relating to delayed discovery and tolli...
2023.10.10 Motion for Protective Order 595
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.10.10
Excerpt: ...9, 2023, which is thirty (30) days after the parties' mediation with Glenn Barger, Esq. On August 28, 2023, Plaintiff filed this present moton for a protective order together with the declaration of Randi l. Thompson, Esq. Filed by the Court on September 25, 2023 and September 27, 2023, but served on 12, 2023 and September 25, 2023 respectively, are oppositions filed by Defendants, together with a declaration by David Seal, Esq. A reply was filed...
2023.09.29 Motion to Compel Arbitration 194
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.09.29
Excerpt: ...t at the tme of Foss's employment she signed and agreed to a Mutual Arbitration Agreement (MAA). Foss opposes. TSA replies. Discussion The threshold issue for the court is whether or not the FAA applies. If so, whether there is an enforceable arbitration agreement. Does the FAA apply? The answer is yes. The FAA applies to arbitration clauses involving interstate commerce. (9 U.S.C. 52; Aviation Data, Inc. v. American Express Travel Related Servic...
2023.09.28 Demurrer, Motion to Strike Punitive Damages 697
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.09.28
Excerpt: ...cificity; and (3) fails to allege a transactional relationship between GM and Plaintiff giving rise to a duty to disclose. GM also seeks to strike Plaintiff's prayer for punitive damages. Plaintiff opposes. GM replies. Fourth Cause of Acton: Fraudulent Inducement - Concealment 1. Statute of Limitations Defendant argues the fourth cause of action is time barred because Plaintiff purchased the vehicle on or about December 21, 2016, yet did not file...
2023.09.25 Motion to Compel Arbitration 994
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.09.25
Excerpt: ..." - a staffing agency] and Kaiser Foundation Hospitals ("Kaiser") as an Administrative Coordinator on June 16, 2021. On August 4, 2021, Plaintiff was in a serious car accident which caused injury to her feet and legs. After she took two weeks off to recover, Plaintiff returned to work with a walker. (Complaint, 19-21.) In the year following her return Plaintiff would spontaneously lose use of her legs and required accommodations such as no prolon...
2023.09.25 Demurrer, Motion to Strike 698
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.09.25
Excerpt: ...ke, GM contends Plaintiff's request for punitive damages is improper as it is not supported by the allegations. Both motions are supported by a meet and confer declaration from attorney Jesse Valencia. Plaintiff opposes both motions and GM has replied. DISCUSSION The Fourth Cause of Action for Concealment An overview of the law "[T]he elements of an achon for fraud and deceit based on a concealment are: (1) the defendant must have concealed or su...
2023.09.18 Motion for Trial Preference 298
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.09.18
Excerpt: ...Center (Golden Home), which is owned and operated by defendant Letitia Isai (Isai; together, Defendants). Taylor alleges Defendants failed to account for her high risk of falls and she sustained falls resulting in a fractured humerus and an acute right femur fracture, and then failed to seek out medical care for her. Taylor's complaint alleges four causes of action: (1) Elder abuse under Welfare & Institutions Code 515600, et seq.; (2) negligence...
2023.09.18 Demurrer, Motion to Strike 097
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.09.18
Excerpt: ...ity); San Bernardino County Sheriff's Department, and K. Garc:ia Payton. On September 6, 2023, Plaintiff filed a combined opposition and on September 11, 2023, Defendants filed a combined reply. Analysis Gov. Code, S 815, Absence of Liability for injury except under statute; Liability as subject to statutory immunity and defenses, states: Except as otherwise provided by statute: (a) A public entity is not liable for an injury, whether such injury...
2023.09.14 Demurrer 599
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.09.14
Excerpt: ... trustees of the Mark Crabtree and Anju Sharma Living Trust 2015 dated February 10, 2015, filed their complaint against Defendants Optimal Technology, LLC, Athanor Environmental Services, lnc„ National Environmental Services, LLC, and Golden Bank (Doe 1). Property in Boron was purportedly contaminated after a fuel pipeline was breached by drilling. The drilling occurred as the result of defendant Golden Bank's "Phase II Investigation" or due di...
2023.09.12 Motion to Stay Proceedings Pending Arbitration 896
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.09.12
Excerpt: ... for the sale of one parcel to Kara Flietstra and Roberto Toste. Defendant Walter Leroy Dwyer, Jr. represented MAGIC and the buyers in connection with the deal. The agreement left negotiations on certain easement terms and the transferability of dock rights that MAGIC held in connection with its other property, parcel C. When MAGIC determined that the City would not permit the transfer of the dock rights, Dwyer allegedly pressured MAGIC into clos...
2023.09.06 Motion for Judgment on the Pleadings 497
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.09.06
Excerpt: ...e followed before filing a motion for judgment on the pleadings under Code of Civil Procedure section 438. (Code Civ. Proc., S 439.) Thus, before filing a statutory motion for judgment on the pleadings, the moving party's counsel must meet and confer, in person or by telephone, with counsel for the party who filed the pleading subject to the judgment on the pleadings motion "for the purpose of determining if an agreement can be reached that resol...
2023.09.05 Motion to Compel Deposition of PMK 995
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.09.05
Excerpt: ...indicates that on August 4, 2021, plaintiff served a deposition notice for a September 9, 2021 deposition. GM objected. (Sanaia Decl., 23-24, Exhs. 7, 8.) On May 3, 2023, Plaintiff served a first amended notice of deposition, with a document demand, noticed for May 18, 2023. GM objected on May 11th and confirmed it would not produce a witness at the scheduled time, but would produce a witness at an agreeable date and time. GM also detailed fts ob...
2023.09.05 Motion for Summary Judgment, Adjudication 407
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.09.05
Excerpt: ...d. The District answered. Plaintiff's complaint included 10 causes of action: (1) negligence; (2) negligent supervision; (3) negligent hiring and retention; (4) negligent failure to warn, train or educate; (5) constructive fraud; (6) breach of fiduciary duty, (7) intentional infliction of emotional distress (IIED), (8) sexual harassment, (9) sexual battery (against Doe 2 only), and (10) sexual assault (against Doe 2 only). As the result of a part...
2023.09.01 Motion for Summary Judgment, Adjudication 407
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.09.01
Excerpt: ...d. The District answered. Plaintiff's complaint included 10 causes of action: (1) negligence; (2) negligent supervision; (3) negligent hiring and retention; (4) negligent failure to warn, train or educate; (5) constructive fraud; (6) breach of fiduciary duty, (7) intentional infliction of emotional distress (IIED), (8) sexual harassment, (9) sexual battery (against Doe 2 only), and (10) sexual assault (against Doe 2 only). As the result of a part...
2023.08.31 Demurrer 299
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.08.31
Excerpt: ...IONS Timeliness Although Defendant's Demurrer is untimely, the Court has discretion to hear it. (See Jackson v. Doe (2011) 192 Cal.App.4th 742, 750.) Also, Plaintiff does not raise this concern in her Opposition. Therefore, the Court will address the merits of the Demurrer. Analysis Uncertainty Defendant argues that the entre Complaint is ambiguous and unintelligible; therefore, uncertain. In support of this, he cites the evidence code to challen...
2023.08.30 Motion to Compel Further Responses, Deposition of PMK 498
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.08.30
Excerpt: ...d May 1, 2023. Defendant's opposition was due by August 17, 2023 or even August 16, 2023, since the hearing was originally set for August 29, 2023. (Code Civ. Proc., 51005, subd. (b).) At approximately 3:53 p.m., the Court's staff received Defendant's opposition from a court runner. The Court further notes the filing and service date of the opposition is August 28, 2023! This not only puts the burden on the Court to review a late-filed brief, but...
2023.08.30 Motion for Protective Order 294
Location: San Bernardino
Judge: Keh, Winston 33
Hearing Date: 2023.08.30
Excerpt: ...2) Plaintiffs' motion for discovery sanctions. Timely oppositions were filed to each motion. Timely replies were filed to each opposition. l. DISCUSSION A. Plaintiffs' Motion for Protectve Order 1. Defendants' Evidentiary Objections In support of their motion, Plaintiffs filed the declaration of Plaintiffs' counsel, Mr. Cohen, along with a letter from the deponent's doctor (as Ex. 1) and a declaration of the deponent's sister (as Ex. 2). In oppos...

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